Civil Municipal - October 2024

OPENING LINES AS CALIFORNIA MOVES TO CLEAR HOMELESS ENCAMPMENTS, IT’S ENCOURAGING LOCAL GOVERNMENTS TO FOLLOW SUIT Source: americancityandcounty.com, Ryan Kushner, First Published July 29, 2024 California Gov. Gavin Newsom has issued an executive order for state agencies to begin “urgently” developing policy to remove homeless encampments from state property. The order was also designed to provide a blueprint for local governments to adopt similar policies addressing encampments in their own jurisdictions, according to Newsom. The July 25 executive order follows a Supreme Court decision that overturned a lower court ruling that prohibited city governments from banning homeless encampments if there were no available shelter alternatives. Newsom issued a statement of support for the high court’s ruling that allowed for the banning, calling it a measure to “protect the safety and well-being of our communities.” California, the largest state in the union, also accounts for 28% of the country’s total homeless population at 181,399 people, according to a 2023 report by the U.S. Department of Housing and Urban Development. Newsom stated that his executive order “directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them—and provides guidance for cities and counties to do the same.” The order is based on the California Department of Transportation’s (Caltrans) existing policy regarding homeless encampments and requires providing 48 hours of notice for people in encampments to disburse from state property. Since July 2021, the California Department of Transportation has removed 11,188 encampments and cleared more than 248,000 cubic yards of debris from encampments along the state rights of way, according to the state. As part of the push to disband encampments in cities and counties within the state, as well, Newsom also encouraged localities to apply for the state’s $3.3 billion in competitive grand funding to address mental health care and substance abuse disorders. 13 CIVIL AND MUNICIPAL VOLUME 05, ISSUE 10

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